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Madras High CourtWP/11491/2017disposed of

B.Nandakumar v. The Superintendent Of Police

2017-05-05Honourable Mr Justice N. Kirubakaran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2017

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P.Nos.11491, 11580, 11581, 11582,11588 & 11589 of 2017 B.Nandakumar S/o.M.Balasubramaniam .. Petitioner in W.P.No.11491 of 2017 M. Kasinathan S/o Munisamy

...Petitioner in W.P.No.11580 of 2017

M. Balaraman S/o Manikam ..Petitioner in W.P.No.11581 of 2017 R. Vijayakumar S/o Rathnanaidu ..Petitioner in W.P.No.11582 of 2017 K.N. Sakthivel S/o Nallusamy ..Petitioner in W.P.No.11588 of 2017 K. Nanthagopal S/o Karuppannagoundar ..Petitioner in W.P.No.11589 of 2017 -vs.- The Superintendent of Police Vellore The Inspector of Police Jolarpettai Police Station .. Respondents in W.P.No 11491 of 2017 The Inspector of Police Kurusilapattu Police Station Tirupattur Taluk Vellore District- 635 702 .. Respondents in W.P.No 11580 of 2017 The Inspector of Police Jolarpettai Police Station .. Respondents in W.P.No 11581 of 2017

The Inspector of Police Alangayam Police Station Alangayam Vellore District .. Respondents in W.P.No 11582 of 2017 The Inspector of Police Paramathi Police Station Namakkal District .. Respondents in W.P.No 11588 of 2017 The Inspector of Police Kavindapadi Police Station Erode District .. Respondents in W.P.No 11589 of 2017 Prayer in W.P. 11491 of 2017:

Writ petition filed under Article 226 of the Constitution of India, praying this Court for issuance of Writ of Mandamus directing the respondents to give permission to the Organizing committee headed by the petitioner to conduct Cultural Dance Program 'Naatiyalayaa' in Sri Mariamman Kovil Festival on 27.05.2017 at Vakkanampatti, Jolarpettai, Thirupathur Taluk, Vellore District.

Prayer in W.P. 11580 of 2017:

Writ petition filed under Article 226 of the Constitution of India, praying this Court for issuance of Writ of Mandamus directing the respondent to consider the petitioners representation dated 30.04.2017 and grant permission to the petitioner in order to conduct the cultural and adventure program and to give police protection which is schedule to be held on 10.05.2017 in Sri Muthumariamman Temple situated at Koodapattu Colony Rajapalayam Post Tirupattur Taluk Vellore District- 635 653.

Prayer in W.P. 11581 of 2017:

Writ petition filed under Article 226 of the Constitution of India, praying this Court for issuance of Writ of Mandamus directing the respondent to consider the petitioners representation dated 24.04.2017 and grant permission to the petitioner in order to conduct the cultural and adventure program and to give police protection which is schedule to be held on 12.05.2017 in Sri Desathumariyamman Temple situated at Poonaikutty Pallam (Vattam) Periyamottur Kandhili Post Natrampalli Taluk Vellore District.

Prayer in W.P. 11582 of 2017:

Writ petition filed under Article 226 of the Constitution of India, praying this Court for issuance of Writ of Mandamus directing the respondent to consider the petitioners representation dated 19.04.2017 and grant permission to the

petitioner in order to conduct the cultural and adventure program and to give police protection which is schedule to be held on 13.05.2017 in Sri Kaliyamman Temple situated at Rajapalayam Narasingapuram (Post) Alangayam Vellore District635 701. Prayer in W.P. 11588 of 2017:

Writ petition filed under Article 226 of the Constitution of India, praying this Court for issuance of Writ of Mandamus directing the respondent authority to give permission to conduct the ADAL PADAL (Kalai Negalchi) at Arulmegu Sri Mariamman Kovil festival on 11.5.2017 by considering the petitioner representation dated 28.4.2017 at No.3/33 Keerampur Post Namakkal Taluk & District.

Prayer in W.P. 11589 of 2017:

Writ petition filed under Article 226 of the Constitution of India, praying this Court for issuance of Writ of Mandamus directing the respondent authority to give permission to conduct the ADAL PADAL (Kalai Negalchi) at Arulmegu Sri Maga Sakthi Mariamman Kovil festival on 11.5.2017 by considering the petitioner representation dated 29.4.2017 at No.57 Kuttipalayam Post Anthiyur Taluk Erode.

For Petitioner in W.P. 11491/17 : Mr.S.B.Viswanathan For Petitioner in W.P. 11580 to 11582/17:Mr.D. Jagadeesan For Petitioner in W.P. 11588 & 11589 /17: Mr.V. Ravi Chandran For Respondents : Mr.P.V.Selvakumar, in all the petitioners Addl. Govt. Pleader C O M M O N O R D E R All these writ petitions have been filed seeking for a direction to the respective respondents to conduct cultural programme during the temple festival to be held in the respective villages.

2.Though the respective petitioners had already given representations to the respective respondents in this regard, so far no orders came to be passed and hence, the petitioners had come up with the present writ petitions.

3.Heard the learned counsels appearing for the petitioners in the respective writ petitions and Mr.P.V.Selvakumar, learned Additional Government Pleader appearing for the respondents in

these writ petitions.

4.Learned counsels appearing for the petitioners in the respective writ petitions would submit that the temple festival is the only occasion for the villagers to the celebrate and only to enhance the enjoyment, these kinds of cultural programme is organised. The learned counsels relied on the Division Bench Judgment of this Court made in W.P.(MD).No.3773 of 2017, dated 03.03.2017, wherein the Division Bench had set aside the rejection order passed by the police authorities and remanded the matter back to the authorities to consider the representation afresh for conducting the cultural programme. 5.On the other hand, Mr.P.V.Selvakumar, learned Additional Government Pleader appearing for the respondents would oppose granting any direction to the authorities, as conducting of any programme in the name of cultural programme would vitiate the atmosphere in the entire village and even it ends in violence in certain places.

6.After hearing both the parties, this Court without expressing any opinion with regard to granting of permission directs the respective respondents to consider the respective petitioner's representations and pass orders at the earliest, based on the ground reality prevailing in the concerned villages. 7.These writ petitions are disposed of accordingly. No costs.

s/d- Assistant Registrar/VO(CS-III) True Copy Sub-Assistant Registrar To

1. The Superintendent of Police Vellore

2. The Inspector of Police Jolarpettai Police Station

3. The Inspector of Police Kurusilapattu Police Station Tirupattur Taluk Vellore District- 635 702

4. The Inspector of Police Alangayam Police Station Alangayam

5. The Inspector of Police Paramathi Police Station Namakkal District

6. The Inspector of Police Kavindapadi Police Station Erode District +1 CC to Mr.S.B. Viswanthan, Advocate sr 36741 +3 Ccs to Mr.D. Jegadeesan, Advocate sr 36735,36734,36736 +2 Ccs to Mr.V. Ravi Chandran, Advocate sr 36739,36740 W.P.Nos.11491, 11580, 11581, 11582,11588 & 11589 of 2017 sp/8/5